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DonViejo

(60,536 posts)
Mon May 20, 2013, 11:34 AM May 2013

UPDATED: Virginia GOP Nominee For AG Would Force Women To Report Their Miscarriages To Police

Last edited Tue May 21, 2013, 10:32 AM - Edit history (2)

If a woman in Virginia has a miscarriage without a doctor present, they must report it within 24 hours to the police or risk going to jail for a full year. At least, that’s what would have happened if a bill introduced by Virginia state Sen. Mark Obenshain (R) had become law.

And yet, the Virginia Republican Party wants to make Obenshain into the state’s top prosecutor. This weekend, Virginia Republicans selected Obenshain as their nominee to replace tea party stalwart Ken Cuccinelli (R) as the state’s attorney general.

Under Obenshain’s bill, which was introduced in 2009,

When a fetal death occurs without medical attendance upon the mother at or after the delivery or abortion, the mother or someone acting on her behalf shall, within 24 hours, report the fetal death, location of the remains, and identity of the mother to the local or state police or sheriff’s department of the city or county where the fetal death occurred. No one shall remove, destroy, or otherwise dispose of any remains without the express authorization of law-enforcement officials or the medical examiner. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.


Under Virginia law, a Class 1 misdemeanor carries a maximum sentence of “confinement in jail for not more than twelve months and a fine of not more than $2,500,” so Obenshain’s bill could lead to a woman who decides to take a day to grieve the loss of a pregnancy she’d hoped to carry to term spending a year of her life in jail for that decision.

-snip-

full article
http://thinkprogress.org/justice/2013/05/20/2035411/virginia-gop-nominee-for-attorney-general-would-force-women-to-report-their-miscarriages-to-police/

---------------------------------------

Update:

Jared Walczak, a Deputy Campaign Manager with Obenshain for Attorney General, provided a statement to ThinkProgress explaining his boss’ support for this legislation. The statement is copied below, with an added link to a news story Walczak identified as the “law enforcement issue” prompting the legislation:

At the request of one of his local Commonwealth’s Attorneys, Senator Obenshain carried legislation (SB 962 of 2009) dealing with a specific law enforcement issue. As sometimes happens, the legislation that emerged was far too broad, and would have had ramifications that neither he nor the Commonwealth’s Attorney’s office ever intended. Senator Obenshain is strongly against imposing any added burden for women who suffer a miscarriage, and that was never the intent of the legislation. He explored possible amendments to address the bill’s unintended consequences, and met with representatives of both Planned Parenthood and NARAL Pro-Choice in an attempt to identify a solution. Ultimately, however, he was not satisfied that any amendment could sufficiently narrow the scope of the bill to eliminate these unintended consequences, so he had the bill stricken at his own request.


Obenshain’s bill was indeed “stricken at request of patron” as Walczak states.

###

http://thinkprogress.org/justice/2013/05/20/2035411/virginia-gop-nominee-for-attorney-general-would-force-women-to-report-their-miscarriages-to-police/
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UPDATED: Virginia GOP Nominee For AG Would Force Women To Report Their Miscarriages To Police (Original Post) DonViejo May 2013 OP
What is his relationship (if any) COLGATE4 May 2013 #1
He's her brother sharp_stick May 2013 #2
Figures. (Thanks) COLGATE4 May 2013 #6
What is the current practice? KansDem May 2013 #3
Women Miscarry often and don't realize it. Heather MC May 2013 #30
And these people think the ACA is onerous and evil. LonePirate May 2013 #4
This is ridiculous! In_The_Wind May 2013 #5
Ladies of Virginia, Are you paying attention? onehandle May 2013 #7
I have a better idea: Brigid May 2013 #17
That's a stupid idea illegaloperation May 2013 #25
If things are that bad in VA for a women of reproductive age, Brigid May 2013 #27
Jeebus, he wants to defend VA's sodomy law in the Supreme Court!!!!!! DCKit May 2013 #8
And we all know... BlueDemKev May 2013 #11
actually Kennedy wrote the opinion which nullified anti sodomy statutes dsc May 2013 #12
Republicans want less government? LiberalFighter May 2013 #9
Leave it to the rethugs to criminalize what a woman can't control meow2u3 May 2013 #10
They want to control what women can't control. Surprised? DCKit May 2013 #13
Rethugs not only think God is on their side, no matter what meow2u3 May 2013 #18
Where is the time machine that is bringing these people into our world? Beacool May 2013 #14
No time machine... awoke_in_2003 May 2013 #24
I do not understand why any female of child-bearing age Samantha May 2013 #15
No illegaloperation May 2013 #26
And he should nineteen50 May 2013 #16
considering that any menstrual period in a sexually active Crunchy Frog May 2013 #19
NARAL Pro-Choice needs ads up right away. CBHagman May 2013 #20
What he/they were thinking is sick! cynzke May 2013 #21
That's pretty sad. aikoaiko May 2013 #22
I wonder how many miscarriages are we talking about? Would it be enough to burden the police? n/t A Simple Game May 2013 #23
Location of remains: toilet paper flushed down Ilsa May 2013 #28
A man decides what a woman can do Rosa Luxemburg May 2013 #29
Goodbye 2013, Welcome back 1536 you have been missed Heather MC May 2013 #31
Yup, and as a Virginian I will continue to shout this from the rooftop! 11 Bravo May 2013 #32

COLGATE4

(14,732 posts)
1. What is his relationship (if any)
Mon May 20, 2013, 11:39 AM
May 2013

to the screeching harpy Kate Obenshain who graces so many TV shows as the 'republican voice'?

sharp_stick

(14,400 posts)
2. He's her brother
Mon May 20, 2013, 11:46 AM
May 2013

from wikipedia

http://en.wikipedia.org/wiki/Mark_Obenshain

"The Virginia Tech undergrad, and Washington & Lee law school grad is the son of former Virginia Republican Committee Chairman Richard D. Obenshain and the brother of another past Chairman, Kate Obenshain."

KansDem

(28,498 posts)
3. What is the current practice?
Mon May 20, 2013, 11:48 AM
May 2013
If a woman in Virginia has a miscarriage without a doctor present, they must report it within 24 hours to the police...

I would think a doctor would be notified, or paramedics, and a trip to the hospital or doctor's office to make sure there is no bleeding or other dangerous after-effects.

I wouldn't be so quick to call the police...
 

Heather MC

(8,084 posts)
30. Women Miscarry often and don't realize it.
Wed May 22, 2013, 05:27 AM
May 2013

A lot of times it is mistaken for a very painful men steal cycle. Dr.s are not always needed.

LonePirate

(13,420 posts)
4. And these people think the ACA is onerous and evil.
Mon May 20, 2013, 11:55 AM
May 2013

This is more of the do as I say not as I do crap from Republicans.

Brigid

(17,621 posts)
27. If things are that bad in VA for a women of reproductive age,
Tue May 21, 2013, 10:36 PM
May 2013

I think leaving is an act of sheer self-preservation, and an act of protest. What state really wants to gain a reputation as a place for women to avoid at all costs?

 

DCKit

(18,541 posts)
8. Jeebus, he wants to defend VA's sodomy law in the Supreme Court!!!!!!
Mon May 20, 2013, 12:27 PM
May 2013

Chooch wants to outlaw bjs.

If we can't fight him on that alone, then we're as stupid as they are.

BlueDemKev

(3,003 posts)
11. And we all know...
Mon May 20, 2013, 05:43 PM
May 2013

...that Justices Clarence Thomas, Antonin Scalia, and Samuel Alito would all side with him (and possibly Roberts and Kennedy as well).

meow2u3

(24,764 posts)
10. Leave it to the rethugs to criminalize what a woman can't control
Mon May 20, 2013, 05:28 PM
May 2013

Criminalizing miscarriage is a miscarriage of justice. Period. End of discussion.

 

DCKit

(18,541 posts)
13. They want to control what women can't control. Surprised?
Tue May 21, 2013, 12:11 AM
May 2013

God talks to them, directly. They know what he wants.

It's why they all own black labs - to channel the diety.

meow2u3

(24,764 posts)
18. Rethugs not only think God is on their side, no matter what
Tue May 21, 2013, 11:56 AM
May 2013

they're now looking to play God by criminalizing what a woman can't control: miscarriages.

Beacool

(30,247 posts)
14. Where is the time machine that is bringing these people into our world?
Tue May 21, 2013, 12:54 AM
May 2013

They all sound as they belong in another century.

Listen asshat, stay out of my womb and I will refrain from giving you a prostrate exam with the tip of my stiletto shoes.

Samantha

(9,314 posts)
15. I do not understand why any female of child-bearing age
Tue May 21, 2013, 01:07 AM
May 2013

continues to live in Virginia. Evacuate now.

Sam

Crunchy Frog

(26,582 posts)
19. considering that any menstrual period in a sexually active
Tue May 21, 2013, 12:58 PM
May 2013

woman could potentially be an early miscarriage, maybe lots of women could start sending this guy their used feminine products so he can pick through them for possible remains.

CBHagman

(16,984 posts)
20. NARAL Pro-Choice needs ads up right away.
Tue May 21, 2013, 03:05 PM
May 2013

A story in today's Washington Post suggests the GOP candidates' angle on the race is going to focus heavily on the abortion issue.

[url]http://www.washingtonpost.com/local/va-politics/antiabortion-group-plans-to-use-virginia-races-as-template-for-2014-midterm-efforts/2013/05/20/503864ac-c17f-11e2-bfdb-3886a561c1ff_story.html[/url]

A leading antiabortion group plans to use Virginia’s 2013 statewide races as a strategic proving ground ahead of next year’s midterm elections, raising the stakes in a gubernatorial contest marked by heated debate over social issues.

The Susan B. Anthony List said in February that it would spend $1.5 million to boost Attorney General Ken Cuccinelli II (R) in his gubernatorial race against businessman Terry McAuliffe (D). But the group’s interest in the commonwealth goes beyond its pledge to Cuccinelli, a longtime abortion foe.

“We have made Virginia a priority state for 2013,” the SBA List says in its current business plan. “We propose a massive investment there, seeking to make 2013 a template for wider victories in the mid-term elections in 2014.”

cynzke

(1,254 posts)
21. What he/they were thinking is sick!
Tue May 21, 2013, 03:20 PM
May 2013

What they were trying to do through this bill was to catch whether the "miscarriage" was a natural occurring event ( or induced on purpose) and whether the fetus was capable of surviving outside the womb or whether the fetus was killed outside the womb on purpose. So, in other words, unless you made it to a hospital or attended by medical personnel, you are assumed to be possibly guilty of a crime and have to prove your innocence. Next they will want to know what caused the miscarriage. Was it something the mother did wrong???

Ilsa

(61,695 posts)
28. Location of remains: toilet paper flushed down
Tue May 21, 2013, 11:11 PM
May 2013

the toilet. Yeah, literally, at 6+ weeks, I miscarried and the result was slimy, eggy discharge, a small red spot of blood. Nothing to keep, take a picture of, take to a funeral home.

 

Heather MC

(8,084 posts)
31. Goodbye 2013, Welcome back 1536 you have been missed
Wed May 22, 2013, 05:32 AM
May 2013

I know let's just hang all women who miscarry their lil'gifts from God. Or we could call them witches and chop off their heads.


I feel like I went to sleep and woke up to find King Henry VIII was back in power

11 Bravo

(23,926 posts)
32. Yup, and as a Virginian I will continue to shout this from the rooftop!
Thu May 23, 2013, 12:12 PM
May 2013

The entire GOP ticket in VA is not just nuts, they are dangerous and fucking EVIL!

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